Session 2010 - 12
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Other Bills before Parliament

Public Bill Committee: 17 May 2011

229

Welfare Reform Bill, continued

Chris Grayling

107

Schedule  13,  page  158,  line  18,  at end insert—

‘(c)	the definition of “training”.’

Chris Grayling

108

Schedule  13,  page  158,  line  21,  leave out ‘and (b)’

Chris Grayling

109

Schedule  13,  page  158,  line  43,  leave out from beginning to end of line 44

Chris Grayling

110

Schedule  13,  page  163,  line  30,  second column, at beginning insert—

‘Section 7(2)(a).’

Chris Grayling

287

Clause  136,  page  100,  line  3,  at end insert—

‘( )	section [Recovery of fines etc by deductions from employment and

support allowance] (recovery of fines etc by deductions from

employment and support allowance) (but see section [Recovery of fines

etc by deductions from employment and support allowance](3));’.

NEW CLAUSES

Information-sharing for prevention etc of tax credit fraud

Chris Grayling

NC13

To move the following Clause:—

‘(1)	Section 122B of the Social Security Administration Act 1992 (supply of

government information for fraud prevention etc) is amended as follows.

(2)	In subsection (2)(a), after “social security” there is inserted “or tax credits”.

(3)	In subsection (3)—

(a)	in paragraph (b), after “1995” there is inserted “, the Tax Credits Act

2002”,

(b)	in that paragraph, the final “or” is repealed, and

(c)	after paragraph (c) there is inserted “or

Public Bill Committee: 17 May 2011

230

Welfare Reform Bill, continued

(d)	it is supplied under section 121 of the Welfare Reform

Act 2011.”’

Recovery of fines etc by deductions from employment and support allowance

Chris Grayling

NC14

To move the following Clause:—

‘(1)	In section 24 of the Criminal Justice Act 1991 (recovery of fines etc by

deductions from benefits)—

(a)	in subsections (1) and (2)(d) the words “income-related” are repealed;

(b)	in subsection (4) the definition of “income-related employment and

support allowance” is repealed.

(2)	In Schedule 3 to the Welfare Reform Act 2007 (consequential amendments

relating to Part 1), paragraph 8(b) is repealed.

(3)	The repeals made by this section have effect as if they had come into force on 27

October 2008.’.

Matters to be considered before the imposition of a sanction or penalty

Kate Green

NC1

To move the following Clause:—

‘(1)	In respect of the imposition of a sanction under the Jobseeker’s Act 1995 or any

other provision or in the case of a penalty imposed under section 115C of the

Social Security Administration Act 1992 the Secretary of State or an authority

shall consider—

(a)	evidence of the physical condition of the claimant and his or her state of

health;

(b)	evidence of the psychological state of health of the claimant;

(c)	evidence relating to the means and income of the claimant;

(d)	evidence relating to the accommodation occupied by the claimant and the

effect that the imposition of a sanction or penalty may have on the right

to occupy such accommodation;

(e)	the family circumstances of the claimant and the impact that it may have

on other family members and dependants;

(f)	evidence of the impact that a sanction or penalty may have on the ability

of the claimant to fulfil obligations to third parties including those

relating to the fulfilment of benefit entitlement conditions.

(2)	Before deciding whether to impose a sanction or penalty and shall only do so

where, having considered all the relevant circumstances, it is reasonable to do so.

(3)	Regarding evidence as to means the Secretary of State must consider—

(a)	the income of the claimant;

Public Bill Committee: 17 May 2011

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Welfare Reform Bill, continued

(b)	the capital of the claimant;

(c)	the expenditure of the claimant.

(4)	In order to facilitate the enquiry into the matters set out in subsection (1) the

Secretary of State or authority may—

(a)	arrange for a medical examination of the claimant;

(b)	obtain information from any agency holding relevant information on the

income and resources of the claimant;

(c)	receive evidence from any other person or persons with a knowledge of

the cicumstances of the claimant.

(5)	A person who is subject to a penalty may appeal to a Tribunal (Lower Tier)

against the imposition of such a penalty.’.

Sums to be deducted in calculating recoverable overpayments

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

NC2

To move the following Clause:—

‘In calculating the amount of a recoverable overpayment, there shall be deducted

any amount of universal credit which should have been payable during the

overpayment period on the basis of the claim as presented, or on the basis of the

claim had any misrepresentation or non-disclosure been remedied before the

decision.’.

Procedure for regulation-making powers

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

NC3

To move the following Clause:—

‘In section 26 of the Welfare Reform Act 2007, in subsection (1), at end insert:

“(e)	regulations made under sections 11D and 11J.”.’.

Public Bill Committee: 17 May 2011

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Welfare Reform Bill, continued

Sure Start Maternity Grant for Multiples

Tom Greatrex

Anas Sawar

NC4

To move the following Clause:—

‘Regulations shall make provision for the payment of a Sure Start Maternity

Grant of £500 for each first born baby and in the case of subsequent multiple

births, a single payment will be made of £500 for twins, £1,000 for triplets and

£1,500 for higher multiples.’.

Citizen financial safety protection payment fund

Stella Creasy

Kate Green

NC5

To move the following Clause:—

‘(1)	The Government shall make provision for a fund to support the provision of

citizen financial safety protection payments to prevent immediate personal

destitution and to be administered through the offices of the Department for Work

and Pensions. These payments will enable financial support to be given within

thirty days to applicants in the following circumstances—

(a)	to ease exceptional circumstances for individuals and families which

may lead to homelessness or household financial insolvency,

(b)	to support pensioners in receipt of financial assistance from public

authorities, young people who are about to leave care or recent care

leavers, and those with children under the age of 16, to manage personal

transitions in lifestyle,

(c)	to meet other needs in accordance with directions given or guidance

issued by the Secretary of State.

(2)	Guidance will be laid before parliament to determine who would be able to apply

for a citizen financial safety protection payment and the circumstances under

which it can be claimed and funded. This guidance will take in the following

factors—

(a)	the ability of the applicant to prevent destitution for them or their

dependants without access to such funds,

(b)	ease of access to alternative affordable sources of credit for the applicant

within the locality,

(c)	the length of time taken by local administering authorities to process

claims for alternative means of support, and

(d)	measures for adjudication of claims made by the Department for Work

and Pensions against local administering authorities for the total cost of

provision of citizen financial safety protection payments in the absence

of provision of appropriate support by such authorities.

(3)	The power to make a payment out of the citizen protection fund such as is

mentioned in subsection (1) above may be exercised by making a payment to a

third party with a view to the third party providing, or arranging for the provision

of, goods or services for the applicant.

Public Bill Committee: 17 May 2011

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Welfare Reform Bill, continued

(4)	In this section “prescribed” means specified in or determined in accordance with

regulation.’.

Social Fund review

Stella Creasy

Kate Green

NC6

To move the following Clause:—

‘The Government will lay before parliament annually a review of the impact of

the abolition of a nationally administered social fund which will cover the

following topics—

(1)	The level of applications received by each local area for assistance.

(2)	The nature and amount of applications and awards made by each administering

authority.

(3)	The cost of administration of the scheme by each administering authority.

(4)	The criteria used by every administering authority for making awards and all of

the guidance they issue to their staff (and their proxies’ staff).

(5)	Information as to the status of each applicant and their household whether

successful or not.’.

Advice on financial assistance

Stella Creasy

Kate Green

NC7

To move the following Clause:—

‘The Government will require all those working with applicants for welfare

provision who are publicly funded to ensure their clients are informed about the

existence of publicly provided financial assistance and where relevant locally

available sources of alternative affordable credit provision. This information

must be provided in a format which is accessible to the applicant.’.

Limitation Act 1980

Kate Green

NC8

To move the following Clause:—

Public Bill Committee: 17 May 2011

234

Welfare Reform Bill, continued

‘The Limitation Act 1980 applies as enacted to the recovery of the social security

payments as with all other sums that may be recoverable from a person.’.

Payment of universal credit elements

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

NC9

To move the following Clause:—

‘(1)	Any amount of the universal credit award that is paid in respect of rent charges

shall by default be paid to the person liable for that charge, except in prescribed

circumstances.

(2)	Any amount of the universal credit award that is paid in respect of a disability

shall be paid to the disabled person or to that person’s designated carer, except in

prescribed circumstances.

(3)	Regulations may provide further circumstances in which a proportion of

universal credit may be payable to a particular individual.’.

Universal credit payment statement

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

NC10

To move the following Clause:—

‘The Secretary of State will provide a record to the claimant detailing the amount

and composition of the award, including amounts in respect of each of the

elements specified in sections 9 to 12 of this Act and of any appropriate sub-

elements as specified in regulations.’.

Childcare costs

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

NC11

To move the following Clause:—

Public Bill Committee: 17 May 2011

235

Welfare Reform Bill, continued

‘(1)	The amount in respect of other particular needs or circumstance, under section 12,

shall include a childcare element for claimants who are in work, except in

prescribed circumstances.

(2)	The maximum award of the childcare element shall be a prescribed proportion of

childcare costs (not less than 80%, or 90% where the element contributes to care

for a disabled child), up to a prescribed maximum value (not less than £175 per

week for one child and £300 for two or more children).

(3)	“Childcare charges” are charges of a prescribed description incurred in respect of

childcare by the claimant or claimants by whom a universal credit claim is made.

(4)	“Childcare”, in relation to a person or persons, means care provided—

(a)	for any child up to the last day in the week in which 1 September falls

following the child’s 15th birthday or their 16th birthday if they are

disabled, for whom the person is responsible, or for whom either or both

of the persons is or are responsible; and

(b)	by a person of a prescribed description.

(5)	Except in prescribed circumstances, the childcare element shall not be paid where

a claimant is in work for fewer than a prescribed number of hours a week or, in

the case of a couple, where one or both of the claimants are in work for fewer than

a prescribed number of hours a week.

(6)	For the purposes of this section, regulations are to provide for a definition of

“work”.’.

School meal costs

Mr Liam Byrne

Stephen Timms

Ms Karen Buck

Margaret Curran

NC12

To move the following Clause:—

‘(1)	The amount in respect of other particular needs or circumstances, under section

12, shall include an amount in respect of school meals for any dependents of the

claimant.

(2)	The maximum award of the amount under this section shall be 100 per cent. of

the cost that the claimant would expect to incur in respect of school meals, up to

a prescribed maximum value per child.

(3)	Regulations shall specify the circumstances under which a claimant shall be

entitled to an amount under this section.

(4)	Under no circumstances shall any amount payable under this section be included

in the relevant amount specified in section 93(5) of this Act.’.

© Parliamentary copyright	Revised 17 May 2011